Tension mounts in Colorado Senate over bill aimed at rehabilitation instead of incarceration of young criminals

The state Capitol is a powder keg as lawmakers clash over a controversial criminal justice bill in the final days of the legislative session.

The bill would protect kids 12 and under from criminal prosecution, with a few exceptions. It has passed the House but has stalled in the Senate.

Senators debated it for eight hours Thursday, with no vote. It is so controversial, more than 200 amendments have been drafted for it. 

Initially, it would have prevented criminal prosecution for kids 12 and under except for homicide. 

Now, it includes rape, certain felonies that cause serious bodily injury and attempted murder with a gun. But, it remains a polarizing measure.

Senator Janet Buckner says anyone who thinks the juvenile justice system works hasn't had a kid in it.

"Think about that 10-year-old being detained, away from his parents, confused. I have seen this my entire life... I have had relatives that this has happened to. I have a son that this happened to," Buckner expressed. 

She says the bill, by Democratic Senator James Coleman and Republican Senator Cleave Simpson, is about preventing children accused of minor crimes from entering a system that often becomes a revolving door.

"My son is 50 years old now and he still talks about that trauma," she said. 

Under the bill, instead of being arrested, law enforcement would send kids to so-called Collaborative Management Programs or CMPs, which are essentially treatment referral agencies in county human services.

Senator Barb Kirkmeyer, a former Weld County Commissioner, says CMPs mission is preventative, not punitive.

"It's to ensure that children are safe from abuse and neglect. It's not for perpetrators," she said. 

But Simpson pointed to a report by the Department of Human Services that credits CMPs with preventing recidivism among young perpetrators.

"CMPs absolutely currently serve these kids and are successful in doing so," Simpson said.  

The Colorado District Attorneys' Council agrees that rehabilitation, not incarceration, is best for kids 12 and under, while it says that's already happening.

Of 2,500 kids, aged 10 to 12, who were charged with violent or sex crimes over the last 10 years, the DAs' Council says, only four have been sentenced to youth corrections.

Simpson says the bill targets all the other kids arrested and in some cases, charged.

"There been four that have been sentenced... there's about 600 a year... get introduced to the criminal justice system, arrested, handcuffed, meet with a district attorney, meet with judges, spend time in jail," Simpson said. 

While sponsors amended the bill to add crimes other than murder kids could be prosecuted for, opponents like Senator Jim Smallwood say, including things like attempted murder with a gun doesn't go far enough.

"That says to our... to our citizens that somehow attempted murder with something other than a firearm should get a pass. I don't agree with this colleagues, not even close," he said. 

District attorneys say one of the biggest problems with the bill is that CMPs would have no way of enforcing treatment, other than removing children from their homes. 

They're also worried about due process, especially for kids who may be innocent, because law enforcement would refer those accused of crimes to human services without investigating. 

The Colorado Association of Police Chiefs also opposes the bill. It's worried gangs will use kids 12 and under to commit crimes if they can't be prosecuted for them. 

While the legislation includes about $4 million to help CMPs staff up, counties say it's not enough.

The legislative session ends May 8.